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Thomas Eugene Moore v. R. Brown

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


January 8, 2013

THOMAS EUGENE MOORE, PLAINTIFF,
v.
R. BROWN, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

Plaintiff is a state prisoner proceeding without counsel. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983, and has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1).

Review of court records reveals that on at least three occasions lawsuits filed by the plaintiff have been dismissed on the grounds that they were frivolous or malicious or failed to state a claim upon which relief may be granted. See Orders filed in the following cases on the following dates:

Case Number Title Order Issued 01-cv-2003 GEB DAD Moore v. McElheney, et al. December 20, 2001 01-cv-2180 FCD DAD Moore v. Twomey July 15, 2002 02-cv-0176 FCD PAN Moore v. Three Strikes December 16, 2003 04-cv-0314 MCE DAD Moore v. Rimmer December 15, 2005 06-cv-2755 FCD EFB Moore v. Sacramento County August 12, 2008

Plaintiff is therefore precluded from proceeding in forma pauperis in this action unless plaintiff is "under imminent danger of serious physical injury." 28 U.S.C. § 1915(g). Plaintiff has not alleged any facts which suggest that he is under imminent danger of serious physical injury. Thus, plaintiff must submit the appropriate filing fee in order to proceed with this action.

In accordance with the above, IT IS HEREBY ORDERED that plaintiff shall submit, within twenty-one days from the date of this order, the appropriate filing fee. Plaintiff's failure to comply with this order will result in a recommendation that this action be dismissed.

20130108

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